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Articles 1 - 27 of 27
Full-Text Articles in Law
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Robert Bloom
No abstract provided.
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
Robert Bloom
No abstract provided.
Jury Trial In Japan, Robert Bloom
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Taunya Lovell Banks
Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …
Poder Presidencial De Nominación Y Equilibrio Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas
Poder Presidencial De Nominación Y Equilibrio Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas
Javier E Revelo-Rebolledo
No abstract provided.
Who's Presumptuous Now? Mccain Articulates U.S. Foreign Policy In Georgia Conflict, Kent Greenfield
Who's Presumptuous Now? Mccain Articulates U.S. Foreign Policy In Georgia Conflict, Kent Greenfield
Kent Greenfield
No abstract provided.
Settling The West: The Annexation Of Texas, The Louisiana Purchase, And Bush V. Gore, Mark Graber
Settling The West: The Annexation Of Texas, The Louisiana Purchase, And Bush V. Gore, Mark Graber
Mark Graber
No abstract provided.
Naked Land Transfers And American Constitutional Development, Mark Graber
Naked Land Transfers And American Constitutional Development, Mark Graber
Mark Graber
The constitutional prohibition on naked land transfers, laws granting to B property that belonged to A, played a far greater role in American constitutional development than is generally realized. The Marshall and Taney Courts heard numerous cases in which government officials were accused of expropriating private property, typically by legislative oversight rather than by deliberate intent. When resolving these cases, antebellum justices relied heavily on “certain great principles of justice” rather than on specific constitutional provisions. Supreme Court majorities on several occasions probably exercised the judicial power to declare federal laws unconstitutional. More frequently, Marshall and Taney Court decisions in …
I Want To Be Too Big To Fail, Kent Greenfield
Fcc Should Get With The Times, Erik Ugland
Mukasey's Defense Of Professional Irresponsibility, Kent Greenfield
Mukasey's Defense Of Professional Irresponsibility, Kent Greenfield
Kent Greenfield
No abstract provided.
A Freedom Under Fire: A Review Of Martha Nussbaum's Liberty Of Conscience: In Defense Of America's Tradition Of Religious Equality, Vincent Rougeau
A Freedom Under Fire: A Review Of Martha Nussbaum's Liberty Of Conscience: In Defense Of America's Tradition Of Religious Equality, Vincent Rougeau
Vincent D. Rougeau
No abstract provided.
Progress In International Law - An Explanation Of The Project, Russell Miller
Progress In International Law - An Explanation Of The Project, Russell Miller
Russell A. Miller
No abstract provided.
Hamdan V. Rumsfeld, Russell Miller
Comparative Law And Germany's Militant Democracy, Russell Miller
Comparative Law And Germany's Militant Democracy, Russell Miller
Russell A. Miller
No abstract provided.
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Robert M. Bloom
No abstract provided.
Introduction: U.S. National Security, Intelligence And Democracy: From The Church Committee To The War On Terror, Russell Miller
Introduction: U.S. National Security, Intelligence And Democracy: From The Church Committee To The War On Terror, Russell Miller
Russell A. Miller
No abstract provided.
The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler
The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler
Maria L. Ontiveros
This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.
Paradoxes Of Personality: Transnational Corporations, Non-Governmental Organizations And Human Rights In International Law, Russell Miller
Paradoxes Of Personality: Transnational Corporations, Non-Governmental Organizations And Human Rights In International Law, Russell Miller
Russell A. Miller
No abstract provided.
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
Robert M. Bloom
No abstract provided.
Law School Legends On Audio Cd: Immigration Law, Michael Scaperlanda
Law School Legends On Audio Cd: Immigration Law, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Drugs And Justice, Erik Luna, Margaret Battin
Jury Trial In Japan, Robert Bloom
No Scrutiny Whatsoever: Deconstitutionalization Of Poverty Law, Dual Rules Of Law, And Dialogic Default, Julie Nice
No Scrutiny Whatsoever: Deconstitutionalization Of Poverty Law, Dual Rules Of Law, And Dialogic Default, Julie Nice
Julie A. Nice
This article traces how the Supreme Court has deconstitutionalized Poverty Law by four departures from normal constitutional doctrine: first, by categorical immunization of “social or economic legislation”; second, by circumvention of normal suspect class or classification analysis; third, by application of rationality review in a reflexive manner to uphold governmental regulation; and fourth, by ratcheting down from the heightened scrutiny normally used for protection of established fundamental rights. In particular, she explores the historical emergence of judicial deference for “social or economic legislation,” and finds that Justice Douglas, who coined the phrase, specifically rejected deference for laws that disadvantaged poor …
Finding Shared Values In A Diverse Society: Lessons From The Intelligent Design Controversy, Alan E. Garfield
Finding Shared Values In A Diverse Society: Lessons From The Intelligent Design Controversy, Alan E. Garfield
Alan E Garfield
One of the nation’s more profound and volatile ideological divides is between fundamentalist religious adherents and secular members of society. This divide has been particularly salient in recent years as issues challenging traditional religious morality – abortion, gay marriage, and stem-cell research – have been exploited as wedge issues for political gain. In this Article, I join the efforts of other scholars to find a way to bridge the gap between religious and secular Americans. By focusing on one particularly contentious front in the religious-secular wars – the teaching of intelligent design – I am able to identify a value …
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
Luke A. Boso
In May 2004, the Food and Drug Administration (FDA) announced a final rule to be published in the Federal Register that would establish eligibility criteria for persons seeking to donate sperm and other human cells and tissues. Concurrently, the FDA issued a draft guidance document that provides recommendations for complying with the requirements, listing men who have had sex with another man in the preceding 5 years (MSMs) as the number one risk factor. The FDA does not, however, make a distinction between MSMs who practice safe sex and those who have unprotected sex, nor does it identify men who …
When Religious Practices Become Legal Obligations: Extending The Foreign Compulsion Defense, Michael A. Helfand
When Religious Practices Become Legal Obligations: Extending The Foreign Compulsion Defense, Michael A. Helfand
Michael A Helfand
The purpose of this article is to fashion a religious compulsion defense as an outgrowth of the legally recognized foreign compulsion defense. Contra the rationale advanced in Employment Division v. Smith, the article argues that the rationale behind the foreign compulsion defense - to protect individuals from conflicting legal norms of competing legal systems - should also apply to situations where religious law and United States law collide. In adopting the criteria of the foreign compulsion defense, a religious compulsion defense would extract individuals from conflicts of law, protecting individuals in the throes of the most intractable of dilemmas.